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The prosecution of this case is dismissed.
Reasons
1. The Defendant is a person engaging in driving service of 1.6 tons in the facts charged.
At around 18:00 on December 5, 2014, the Defendant operated ‘D' factory sites located in Pyeongtaek-si C, and had the Defendant conduct the work of transporting softs.
In such cases, there was a duty of care to prevent accidents by checking whether a person is in the front and rear position and accurately manipulating the steering direction and brake system in order to ensure that the driver has a duty of care to prevent accidents.
Nevertheless, the Defendant neglected to do so and took part in the back of the victim E (the age of 51) on the left side of the victim E (the age of 51), which was coming from the rear of the said vehicle due to negligence.
Ultimately, the Defendant suffered injury to the victim, such as cutting down the body of the left side of the bridge in need of approximately nine weeks of medical treatment due to the above occupational negligence.
2. The facts charged in the instant case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 3(2) of the same Act. According to the records, it can be acknowledged that the victim E withdraws his/her wish to punish the Defendant on December 17, 2015, which is after the institution of the instant prosecution. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.